Lilly Ledbetter

Dissecting Sarah Palin's Logic: Ledbetter and Fair Pay

A portion of Katie Couric’s interview with Sarah Palin that aired Tuesday focused, among other things, on equal pay.  The transcript:

Couric: Where do you stand on the Ledbetter Fair Pay Act?

Palin: I’m absolutely for equal pay for equal work. The Ledbetter pay act - it was gonna turn into a boon for trial lawyers who, I believe, could have taken advantage of women who were many, many years ago who would allege some kind of discrimination. Thankfully, there are laws on the books, there have been since 1963, that no woman could be discriminated against in the workplace in terms of anything, but especially in terms of pay. So, thankfully we have the laws on the books and they better be enforced.

Couric: The Ledbetter act sort of lengthens the time a woman can sue her company if she's not getting equal pay for equal work. Why should a fear of lawsuits trump a woman's ability to do something about the fact that women make 77 cents for every dollar a man makes. And that's today.

Palin: There should be no fear of a lawsuit prohibiting a woman from making sure that the laws that are on the books today are enforced. I know in a McCain-Palin administration we will not stand for any measure that would result in a woman being paid less than a man for equal work.

Couric: Why shouldn’t the Ledbetter act be in place? You think it would result in lawsuits brought by women years and years ago. Is that your main problem with it?

Palin: It would have turned into a boon for trial lawyers. Again, thankfully with the existing laws we have on the books, they better be enforced. We won't stand for anything but that. We won't stand for any discrimination in the workplace - that there isn't any discrimination in America.

At first blush, it looks like Palin is just rehashing McCain’s argument against Ledbetter: “I don’t believe that this would do anything to help women except maybe help trial lawyers and others in that profession.”  She does manage to eke out the lawyer-bashing McCain line, while asserting that McCain-Palin “won’t stand” for discrimination, but after that she appears to get a little lost.  She seems to think that the “fear of lawsuits” Couric refers to in the second question are people suing women to prevent them from enforcing “the laws on the books.”

But a closer look reveals an even more fundamental misunderstanding.  She says that “thankfully, we have the laws on the books."  Well, yes, but thanks to Samuel Alito, that law means a lot less than it used to.

Ledbetter v. Goodyear, the Supreme Court decision that led to the Ledbetter Fair Pay Act, involved a woman, Lilly Ledbetter, who worked at a Goodyear Tire plant for almost twenty years, for a salary much less than her male co-workers.  The “laws on the books,” as read by Justice Alito and the rest of his voting bloc, said that Ledbetter’s discrimination claim needed to be filed within 180 days of the first discriminatory paycheck.  The only problem: Ledbetter first found out about the unequal pay through an anonymous tip, sixteen years after that first paycheck.

Of course, it’s not surprising that Palin doesn’t know the substance of the Ledbetter case—apparently, when asked to name Supreme Court cases, the only one she could produce was Roe v. Wade.

PFAW

Double Talk Express: McCain and Fair Pay

At a town hall meeting last week, John McCain appeared to pledge in earnest to fight discrimination and, if necessary, take offenders to court:

But it was McCain who sided with corporate lobbyists earlier this year and opposed the Lilly Ledbetter Fair Pay Act. Why, you might ask? He claimed “it would lead to more lawsuits.”

Later, at a different town hall meeting, he told a 14-year-old girl that the Fair Pay Act wouldn’t help anyone but “trial lawyers and others in that profession.”

What’s worse, McCain has helped confirm hundreds of right-wing federal judges to the very courts that he claims he would use to fight discrimination. The problem is, those judges – including Chief Justice John Roberts and Justice Samuel Alito – have consistently whittled away at Americans’ protections against discrimination. And they’ve made it increasingly difficult for those Americans’ who do suffer discrimination to win just compensation.

The Ledbetter Fair Pay Act, for instance, was created to undo the damage done by the Supreme Court in the Ledbetter ruling, which made it easier for companies to get away with pay discrimination. McCain not only endorsed the ruling, but he has vowed to nominate more judges like the ruling’s author – Justice Samuel Alito.

If McCain wanted to try some real straight talk for a change, he’d simply tell the women of America that under a McCain administration, they’d be on their own.

PFAW

Fair Pay Issue Growing in Campaign ‘08

As you may have seen, the Obama campaign is running ads focusing on McCain’s opposition to fair pay for women.  I think it’s safe to say that everyone around here is glad to see Obama talking about the issue and eager to see McCain’s response.

But looking at the conversation, it’s important to remember that we aren’t moving forward on this issue.  Thanks to the Supreme Court, we’re actually moving backwards.  It was, after all, the very bad decision to take away Lilly Ledbetter’s fair pay that brought pay discrimination to the fore.  And regardless of whether or not we manage to pass the Fair Pay Act, more bad Supreme Court Justices could make the situation much, much worse.

Our friends at the National Organization of Women have put together a great fact sheet on Equal Pay which is fascinating and disturbing at the same time.  (Via Dana Goldstien at TAPPED)

PFAW

Another Shot At Fair Pay

Via TAPPED, it looks like the Lilly Ledbetter Fair Pay Act will be up for another vote in the Senate this month. John McCain has opposed it in the past, and last time it was defeated in a procedural vote. But if Sen. McCain wants to admit his mistake and support the bill now, we’d all welcome his change of heart.

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Rededicating Ourselves to Human Dignity

I'm writing to you today from San Francisco, where it's been an energizing, thought-provoking week. Last night, Ambassador James Hormel, a member of People For's board, hosted an event at his home to help me get acquainted with some friends and People For supporters. Jim's commitment to public service has benefited San Francisco and the country in many ways, and he is an incredible asset to People For. Joining me was Rev. Kenneth Samuel, who is helping lead People For the American Way Foundation's efforts in California this year to create constructive conversation in black churches around discrimination and marriage equality.
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Ledbetter v. Goodyear and Fair Pay, One Year Later

As a Senator, John McCain has helped George W. Bush pack the federal courts with right wing judges, judges who serve for life and who will extend the legacy of President Bush for decades to come. In fact, it seems that Senator McCain has never met a bad Bush judicial nominee he didn’t like, including John Roberts and Samuel Alito. With McCain’s help, Roberts is now the Chief Justice of the United States, and Alito is right by his side on the Supreme Court.

And with McCain continuing to heap praise on Roberts and Alito, it’s only fitting, as we approach the first anniversary of one of the most harmful rulings in which Roberts and Alito have participated, to take a look at the damage done in that one decision alone.

PFAW

Countering Time Magazine on the Court's Relevance to Americans

TIME magazine’s cover story this week told Americans they don't need to care about the Supreme Court because its decisions don’t make a difference in most people’s lives. That premise is just wrong, as the letter we submitted to TIME makes clear (see below). It’s also pretty astonishing to have that article appear the very same week that the GOP presidential candidates will appear before right-wing activists and the so-called "Values Voter Summit" and enthusiastically pledge to put more Justices like Roberts, Alito, Scalia and Thomas on the Court — and cement for a generation the right-wing trends that are undermining Americans’ legal rights and protections.

PFAW